Judge ‘to decide’ on the legality of Francis’ firing

The termination of the Chief Executive Officer (CEO) of the state-run Barbados Agricultural Development and Marketing Corporation (BADMC) is headed for the law courts.

Attorney at law Hal Gollop, Q.C. told Barbados TODAY this afternoon that he will be filing a law suit against the BADMC in the High Court this week on behalf of his client Dr Brian Francis, but declined to provide any further details at this stage.

Dr Francis, who was only on the job for about eight months, was fired on Friday, March 12 by letter. While that correspondence did not give a specific reason for the decision of the Board of Directors, it stated that the action had the blessing of Minister of Agriculture and Food Security Indar Weir.

The contents of the termination letter drew the ex-CEO’s attention to the full terms of the contract of employment concluded between the two parties on 1st July, 2020. It reminded Dr Francis particularly of Clause 7.5 which said that either party to that agreement could terminate the same by providing one month’s written notice of termination to the other side.

“The Board of the BADMC has taken the decision, with the approval of the Minister of Agriculture and Food Security, to terminate the captioned contract pursuant to the above contractual provision and in accordance with its terms.  In the circumstances, this letter serves as written notice of termination of your contract of employment pursuant to clause 7.5 thereof,” Chairman Dereck Foster wrote.

He added: “It is the view of the Board that it is in the best interests of all concerned that rather than requiring you to work out the period of notice, a payment of your monthly earnings will be made in lieu thereof.  Included in the sums payable to you will be any and all statutory and contractual benefits which have accrued to you to date. Such sum is subject to a deduction in the amount of any sums owed by you to the Corporation.”

“In the circumstances, please find enclosed a Royal Bank (Barbados) Limited cheque… in the sum of $12,849.32.

The Chairman concluded: “The Corporation, through its Board, wishes to extend its appreciation for any and all positive contributions you have been able to make to its growth and development during the period of your tenure. The Corporation wishes you the very best in every future endeavour.”

On Monday, March 8, Dr Francis was suspended on “allegations of misconduct,” which were not detailed. On the same day of his dismissal and in a separate letter the board officially informed him that those charges had been withdrawn.

It was the day following his suspension that Dr Francis was advised in writing of the specific charges and invited to a meeting on March 12 to answer them.

The document outlining the allegations and dated March 9, 2021, noted that the statutory body had cause recently to “review your role in and relationship with the corporation as its Chief Executive Officer in view of your conduct over the past four months and particularly over the last four weeks”.

The letter pointed out that the relationship is governed by the BADMC Act CAP 254 of the Laws of Barbados, his contract of employment with the agency as well as the Policies and Procedures Manual of the corporation.

Dr Francis was also reminded that on March 8, 2021, he received a letter from the statutory board indicating that certain allegations of his misconduct were being investigated.

Chairman Foster listed those allegations as: issuing threatening correspondence to the Board of Directors, breach of the corporation’s electronic equipment, email and internet use policy and breach of the corporation’s confidentiality policy.

“All of the foregoing allegations, once proven, amount to misconduct of a serious nature on your part as contemplated at page 81 of the Policies and Procedures Manual of the corporation which consequently amounts to a breach of paragraphs 3.1 and 3.5 of your contract of employment,” the letter declared.

Barbados TODAY made attempts today to reach out to Minister Weir for a response to the ongoing issues at the corporation, but he has so far not responded.

(emmanueljoseph@barbadostoday.bb)